Text: S05549 Text: S05551 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 2387 as passed by the Senate, as
1 2 follows:
1 3 #1. Page 2, by inserting after line 20, the
1 4 following:
1 5 "Sec. ___. Section 600.12A, if enacted by the 1998
1 6 Iowa Acts, Senate File 2338, is amended by adding the
1 7 following new subsection:
1 8 NEW SUBSECTION. 1A. If the person to be adopted
1 9 dies following termination of the parental rights of
1 10 the person's biological parents but prior to the
1 11 filing of an adoption petition, the person who was the
1 12 guardian or custodian of the person to be adopted
1 13 prior to the person's death or the person who was in a
1 14 parent-child relationship with the person to be
1 15 adopted prior to the person's death may file an
1 16 adoption petition and the court in the interest of
1 17 justice may waive any other procedures or requirements
1 18 related to the adoption, proceed to the adoption
1 19 hearing, and issue a final adoption decree, unless any
1 20 person to whom notice is to be provided pursuant to
1 21 section 600.11 objects to the adoption."
1 22 #2. Page 2, by inserting after line 20, the
1 23 following:
1 24 "Sec. ___. NEW SECTION. 600.14A VALIDITY OF
1 25 ADOPTION DECREES.
1 26 1. Subject to the disposition of any appeal
1 27 pursuant to section 600.14 and notwithstanding any
1 28 longer period otherwise available, upon the expiration
1 29 of three months from the date of the entry of a final
1 30 adoption decree, any irregularities in the proceedings
1 31 are deemed cured, and the validity of the decree shall
1 32 not be subject to attack either through direct or
1 33 collateral proceedings on any grounds including but
1 34 not limited to a procedural or jurisdictional defect,
1 35 failure to give any required notice, fraud, duress,
1 36 misrepresentation, or any of the grounds for vacating
1 37 or modifying a judgment under the Iowa rules of civil
1 38 procedure.
1 39 2. If the validity of a final adoption decree is
1 40 attacked, the paramount consideration of the court
1 41 shall be the best interest of the person who is the
1 42 subject of the proceeding."
1 43 #3. Page 3, by striking lines 5 through 21 and
1 44 inserting the following: "acceptance or refusal of
1 45 the counseling. If accepted,".
1 46 #4. Page 4, by inserting after line 7 the
1 47 following:
1 48 "Sec. ___. PENDING PROCEEDINGS. A termination of
1 49 parental rights proceeding or an adoption proceeding
1 50 pending on July 1, 1998, or a release of custody
2 1 properly executed prior to July 1, 1998, shall not be
2 2 affected by the provisions of this Act."
2 3 #5. By renumbering, relettering, or redesignating
2 4 and correcting internal references as necessary.
2 5 SF 2387H
2 6 pf/pk/25
Text: S05549 Text: S05551 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
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